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At a discussion held in Hong Kong on Dec. 15, 2008 and attended by local domestic helpers as well as those from the Philippines, Indonesia and Thailand, it appeared that although many of them faced abuse, the foreigners felt they were better off than their local counterparts. Local helpers in Hong Kong, as in the Philippines, have little or no legal protection. Besides, they have no minimum wage, no social or health insurance or other benefits.
While foreign helpers in Hong Kong are paid a minimum monthly wage of HK$3,580 (US$462) on signing a contract – although in reality some do not receive the full amount – locals in comparison are paid only HK$2,800 (US$361) a month. Also, local helpers, unlike foreign ones, do not reside at their employers’ homes and have to provide their own food and accommodation. Furthermore, they work the same number of exhausting hours that their foreign counterparts do and in addition require traveling time. Like the foreigners, they are expected to work overtime without extra pay or time off.
In Hong Kong, a worker is only covered under the policies governing the Employment Ordinance, equivalent to a Labor Code in the Philippines, if a worker has rendered 18 working hours a week in any single month. Employers can evade the law by reducing the working hours either in the fourth week in the month or in between.
Some local helpers perceive foreigners as rivals who have snatched their jobs. However, what makes local helpers in Hong Kong better off than local helpers in the Philippines is that even though they lack legal protection, they can make complaints against abuses committed by their employers, including sexual abuse and harassment, through a labor union. In the Philippines, labor unions lie in ruins and their leaders are targeted for extrajudicial killings.
Helpers in the Philippines are frequently raped and impregnated or sexually abused either by their employers or the employers’ sons. They often find themselves trapped with no means of redress or remedy if they wish to make complaints. They are at the mercy of their employers, which sadly, are often their own wealthy relatives. No one provides them legal aid, rehabilitation or assistance and so they are forced to accept their plight.
Therefore, even though domestic helpers in Hong Kong are somewhat better off, the fact is that throughout Asia there is neglect on the part of both the state and society to care for the rights and welfare of all domestic helpers.
Neither domestic laws nor other international guidelines and rules provide legal protection to domestic helpers. Although the Economic, Social and Cultural Rights Committee of the United Nations laid out principles in February last year regarding the obligations of the state and non-state actors to protect “informal workers,” which include domestic helpers, basic protections such as social security have yet to be effectively implemented by governments.
In the Philippines there is no law that protects domestic helpers – the Domestic Helper Law (House Bill 2311), is pending in Congress. The proposed law requires helpers to have an employment contract with 13 months pay, and maternity and paternity leave for women and men, among other provisions.
Some employers, however, are kind and offer their helpers Sundays as rest days, days to attend school, and other allowances. In the Philippines there is a common agreement that helpers should receive a monthly salary of 3,000 pesos (US$64) and 1,500 pesos (US$32) for working in urban and rural areas respectively. A domestic helper would be lucky if given a Social Security contribution, paid hospital bills in case of sickness or health insurance covered by their employers.
So the Dec. 15 group discussion in Hong Kong explained the need to have more discussions among local and foreign helpers regardless of where they are working. It also highlighted the need for provisions in local law to protect the rights of domestic helpers. This would not only acknowledge their contributions as an informal work sector in society, but also uphold equality in the right to work. Otherwise, our societies would become complicit in turning a blind eye to their rights.
In June, the International Labor Organization will have its regular conference whereby a Convention for Domestic Helpers is being sought. The Dec. 15 group discussion should hopefully commence a series of consultations in Hong Kong and in the Philippines in drafting the convention.
This issue concerns not only foreign and local domestic helpers in Hong Kong but also the “kasambahay” or “katabang,” as they are called in the Philippines. Domestic helpers, and the public who are concerned for their welfare and protection, are encouraged to share their views on this issue.
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(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization’s work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)
